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PENNSYLVANIA BANKERS ASS'N v. DEPT. OF BANKING

893 A.2d 864 (2006)

PENNSYLVANIA BANKERS ASSOCIATION and the Pennsylvania Business Bank, Petitioners v. PENNSYLVANIA DEPARTMENT OF BANKING AND TRUMARK FINANCIAL CREDIT UNION, Respondents Pennsylvania Bankers Association, Pennsylvania Business Bank, Fulton Bank, and Premier Bank, Petitioners v. Pennsylvania Department of Banking, Pennsylvania Department of Revenue, The Attorney General of the Commonwealth, and Freedom Credit Union, Respondents Pennsylvania Bankers Association and the Pennsylvania Business Bank, Petitioners v. Pennsylvania Department of Banking, Respondent Pennsylvania Bankers Association and the Northwest Savings Bank, Petitioners v. Pennsylvania Department of Banking, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 1, 2006.

Reargument Denied March 31, 2006.

Attorney(s) appearing for the Case

Raymond P. Pepe, Harrisburg, for petitioner, PA Bankers Association.

Linda Carroll, Deputy Chief Counsel and Howard G. Hopkirk, Sr. Deputy Attorney General, Harrisburg, for respondent, PA Department of Banking.

Daniel T. Fitch, Philadelphia, for respondent, TruMark Financial Credit Union.

Francis X. Crowley, Philadelphia, for respondent, Freedom Credit Union.

Richard T. Wargo, Jr., Harrisburg, for intervenor, PA Credit Union Association.

BEFORE: COLINS, President Judge, and SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and LEADBETTER, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge.

OPINION ON APPEALS BY Judge SIMPSON.

These procedurally complex consolidated cases present issues of first impression which are of great interest to credit unions and banks. The core issue is whether credit unions which convert from group-based to community-based membership obtain an unfair competitive advantage over banks.

I.

A. Statutory Background

Credit unions were first covered by legislation in Pennsylvania in 1933.

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